Citation NR: 9742622
Decision Date: 12/30/97 Archive Date: 01/02/98
DOCKET NO. 94-17 214 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri
THE ISSUE
Entitlement to specially adapted housing.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Ralph G. Stiehm, Associate Counsel
INTRODUCTION
The veteran had active service from July 1960 to September
1963. This case comes before the Board of Veterans’ Appeals
(Board) on appeal from a January 1994 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Saint Louis, Missouri.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that his disability renders walking very
difficult and leaves him unable to negotiate stairs.
DECISION OF THE BOARD
The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991 & Supp. 1997), has reviewed and considered
all of the evidence and material of record in the veteran's
claims file. Based on its review of the relevant evidence in
this matter, and for the following reasons and bases, it is
the decision of the Board that preponderance of the evidence
weighs against the veteran’s claim of entitlement to
specially adapted housing.
FINDINGS OF FACT
1. Rheumatoid arthritis is not productive of loss of use of
both lower extremities, such as to preclude locomotion
without the aid of braces, crutches, canes or a wheelchair.
2. Rheumatoid arthritis is not productive of blindness in
both eyes, having only light perception, plus loss of use of
one lower extremity.
3. Rheumatoid arthritis is not productive of the loss of use
of one lower extremity together with residuals of organic
disease or injury, or loss of use of one upper extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches,
canes, or a wheelchair.
CONCLUSION OF LAW
The criteria for specially adapted housing are not met. 38
U.S.C.A. § 2101(a) (West 1991); 38 C.F.R. § 3.809 (1996).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Initially, the Board finds that the appellant has submitted
evidence which is sufficient to justify a belief that his
claim is well grounded. 38 U.S.C.A. §§ 5107(a) (West 1991)
and Murphy v. Derwinski, 1 Vet.App. 78 (1990).
To establish entitlement to specially adapted housing
pursuant to 38 U.S.C.A. § 2101(a), the appellant must have
permanent and total service-connected disability— (1) due to
the loss of use of both lower extremities, such as to
preclude locomotion without the aid of braces, crutches,
canes or a wheelchair; or (2) which includes (A) blindness in
both eyes, having only light perception, plus (B) loss of use
of one lower extremity; or (3) due to the loss of use of one
lower extremity together with (A) residuals of organic
disease or injury, or (B) loss of use of one upper extremity,
which so affect the functions of balance or propulsion as to
preclude locomotion without the aid of braces, crutches,
canes, or a wheelchair. 38 U.S.C.A. § 2101(a); 38 C.F.R. §
3.809.
The appellant has established entitlement to service
connection for rheumatoid arthritis of multiple joints, post
operative right hip and knee arthroplasties, evaluated as 100
percent disabling, plus entitlement to special monthly
compensation under the provisions of 38 U.S.C.A. § 1114(4)
and 38 C.F.R. § 3.350(i) as a result of being housebound by
his service-connected disability. The veteran’s disability,
however, does not meet the criteria enumerated above for
entitlement to specially adapted housing. Evidence of
record, including a VA examination in November 1993, reveal
that the veteran is only able to walk with a crutch. A
private physician, moreover, has submitted a statement
indicating that walking is “very difficult” and climbing
stairs “virtually impossible” for the veteran. However, the
veteran, who apparently requires only one crutch to ambulate,
does not suffer from such impairment that he needs bilateral
aids or a wheelchair.
The veteran claims that the VA examination performed in
November 1994 is inadequate because the examiner did not
perform range of motion studies. However, the examiner’s
findings, which include his observations concerning the
veteran’s ability to ambulate, are sufficient for a proper
adjudication of the issue on appeal.
Although the veteran complains that he is unable to negotiate
stairs, the Board observes that the applicable criteria do
not provide as a basis for the relief which the veteran seeks
impairment or inability to engage in more than simple
locomotion. Simply put, under the laws and regulations
applicable to the veteran’s claim, the inability to negotiate
stairs is not itself reason sufficient for a grant of relief.
Accordingly, the veteran’s claim must be denied.
ORDER
Entitlement to specially adapted housing is denied.
BRUCE KANNEE
Member, Board of Veterans' Appeals
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991 & Supp. 1997), a decision of the Board of Veterans'
Appeals granting less than the complete benefit, or benefits,
sought on appeal is appealable to the United States Court of
Veterans Appeals within 120 days from the date of mailing of
notice of the decision, provided that a Notice of
Disagreement concerning an issue which was before the Board
was filed with the agency of original jurisdiction on or
after November 18, 1988. Veterans' Judicial Review Act,
Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). The
date which appears on the face of this decision constitutes
the date of mailing and the copy of this decision which you
have received is your notice of the action taken on your
appeal by the Board of Veterans' Appeals.
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